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New Jersey Real Estate Law Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for New Jersey on
Q: Is it a breach of fiduciary duty if an estate administrator quick sells two properties for less than they are worth?

My sister is currently Administratrix of my late mother’s estate and has already committed various breaches of fiduciary duty, including requesting the estate reimburse her for debt owed by the decedent she was liable to pay as power-of-attorney and attorney-in-fact to the decedent before her... Read more »

Derek John Soltis
Derek John Soltis answered on Nov 17, 2021

You need to go over everything you just asked a question about with an attorney. I have seen a $400 home sell for $78,000 because of liens that couldn't be avoided so the new owner took on the liens. I have also see properties sell under market value because a hoarder lived in them, tenants... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Does new owner legally need to give written 30 day notice for a tenant already in unit on a month to month lease in NJ?

I am living on a month to month at my current residence. On 7/2021 old owner gave all tenants a written notice that she was selling the property and we had to move. My move date was 9/1/2021. I was/am still searching for affordable housing. There were negotiation issues, inspections,... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 27, 2021

There is no self help in NJ. A landlord can not lock you out. If you choose not to move, the LL must file an eviction action with the court The Court has the power to stay an eviction for up to six months. Make the LL take you to court. If LL successful ask the order to stay the eviction. So... Read more »

2 Answers | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: Do I need to be registered with the state of nj to have an in home day care

The Twp says we can’t have an in home day care. But the state says we can in a residential area if we have less than 5kids. But do we have to be registered? That state says it’s optional

Morris Leo Greb
Morris Leo Greb answered on Oct 25, 2021

It would be best if you complied with all and municipal requirements and registered with the State.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Is there a statue of limitations on a rental application filled out??

I have signed a 3 year lease and my rent is completely paid. Because the owner wants to sell the property 2 and a half years into the lease he is threatening to terminate my lease based on a question answered on the rental application 2 and a half years ago..

Morris Leo Greb
Morris Leo Greb answered on Oct 23, 2021

A difficult question to answer without more fact. I would, however, suggest, that since he accepted that answer and leased the premises to you would indicate that the answer was of no consequence then and remains so now. Briefly, it should not be considered as a basis for non-renewal now.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I have more time to move out?

I live in NJ. My landlord gave us notice that he will not be renewing our lease in January. It is a two family home and the landlord resides in the other unit. However, due to Covid we are a family of 4 with a one income household. Unfortunately we have no savings to just move out. Can we request... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 14, 2021

Yes, do not vacate when requested. NJ does not recognize self help. The LL will be required to file an action in court for possession. Make sure you attend all court proceedings. If the court enters judgment for the LL, ask the court to stay the eviction proceedings. The court has the power to stay... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for New Jersey on
Q: My ex husband refuses to sell marital home and won't sign the papers. What can I do?

We divorced in 2013. House was underwater heading to foreclosure. Judge said my 4 kids and I could remain in home as long as I kept up with all bills. Ex had nothing to gain so he agreed. In those years I managed to gain equity in home and I'm ready to sell. I have already moved out and my... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 13, 2021

You may file an action in court called partition. The Court has the power to compel a sale. Speak to an attorney with litigation and real estate experience.

3 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What concerns should I have when adding a senior parent to the deed of a home?

in the process of purchasing a new home. Mom is putting the down payment down, gifting to me. Condition is, she wants to be on the deed of the home so as to say, when she passes, her portion of the home will be willed to me and I will have majority ownership of the home. What issues might I run... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 4, 2021

A very easy solution that will eliminate many concerns for both you and your mother. Instead of being placed on the deed. She is given a mortgage in the face amount of the money she is lending you to buy the home. The mortgage has a safe harbor rate of interest payable once yearly, just the day... Read more »

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2 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for New Jersey on
Q: my mortgage is held by my families estate, can they foreclose on my house if i missed a few payments sporadically.
Leonard R. Boyer
Leonard R. Boyer answered on Sep 19, 2021

Yes, they can foreclose at any time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, the sooner the better.

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1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: What do I have to pay in Capital Gains taxes in NJ on a home sold as part of an estate - $310k

Sold my inlaws home after death for $310k. What taxes need to be paid on it to NJ?

Morris Leo Greb
Morris Leo Greb answered on Sep 17, 2021

The question is incomplete. You failed to give the basis. In any event this is a question best asked of a CPA.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How do I change my house from commercial to residential?
Morris Leo Greb
Morris Leo Greb answered on Sep 13, 2021

Check with the Building Inspector of the municipality if the zoning permits residential use in the zone. Check to see if the building complies with building code requirements for residential use.

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: mom's will states that house goes to son and adjacent property to daughter but house and property are not subdivided.

if no subdivision is done, and son agrees to pay sister in future when property is sold, what legal/tax issues does sister need to be aware of now or in the future?

Morris Leo Greb
Morris Leo Greb answered on Aug 20, 2021

Divisions of property which is the result of probate are exempt rom subdivision laws but not zoning laws.

1 Answer | Asked in Real Estate Law and Civil Litigation for New Jersey on
Q: What can I do if the seller refuses to sign the release of my escrow funds? Am I able to sue for more than my deposit?

I had issues with the house, which the seller advised he will fix. He never signed the addendum but advised he will fix it through email. At walk through days prior to closing, the items requested were not fixed, and he was unable to provide a CO. He requested to close still which I refused and... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 19, 2021

You raise a number of difficult, technical issues. Were you represented by an attorney when you executed the contract ? If so, contact her to discuss your problems. If you were unrepresented was this because of yoor broker's recommendation? Immediately contact an attorney to discuss your... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Listing house with ex-bf looking at estimate closing cost doc HVAC payoff amount is coming out of the sale of the house

Should that come out of both of our profits if he bought the HVAC afterwards and the loan is only in his name?

Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

HVAC is a fixture and thus a permenant attachment to the building. Thus the payment should be made from the proceeds of the sale unless there is a wrtten agreement to the contrary.

2 Answers | Asked in Estate Planning, Real Estate Law and Civil Litigation for New Jersey on
Q: What to do when an ex bf is also a co buyer of a house and he won’t leave and stated he will not give up the house?
Leonard R. Boyer
Leonard R. Boyer answered on Aug 8, 2021

You need to retain an experienced civil litigation attorney who will file an action for partition and sale. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by... Read more »

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2 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Divorce real estate question and what kind of lawyer do I get?

I got divorced a year ago and agreed to let my ex-wife keep the house so that she can stay there with my child and she in exchange paid off a small credit card debt. A year later she has now decided to sell the house and I am still on the mortgage and deed. I am being told that since I am still on... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 31, 2021

The first choice would be to speak to the attorney who represented you in the divorce proceedings. Thed second choice would be any attorney with both real estate and matrimonial matters.

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1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My mother wants to transfer her real estate deed to me, her son. What would be the best options and procedures.

Property is located in Bayamon PR. I currently live in New Jersey USA. What would be, if any, the tax liabilities.

Morris Leo Greb
Morris Leo Greb answered on Jul 27, 2021

Retain the services of an attorney admitted to the PR bar!

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I have someone who is parking in my lot in my residential property without permission. Can I have them towed?

There is a sign posted saying it is private property can cars will be towed if they park illegally. Our neighbor constantly has visitors who use our lot even when we have asked him to stop. The police have been called multiple times regarding this issue.

Morris Leo Greb
Morris Leo Greb answered on Jul 25, 2021

Call a local towing service and discuss what remedies are available to prevent and/or cure illegal parking on your property.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a seller use a relocation company to sell their house when they are not relocating as stated?

I bought a house from a relocation company and was told my seller was relocating for work. After having many issues with my new house I came to find out that my seller is a flipper and flipped a house prior to flipping mine and "relocated" ten minutes away to the next town over. I believe... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 22, 2021

By way of answer can a seller be described as being 'motivated' when all the seller wishes to communicate is that perhaps there is negotiating room in the asking purchase price, or describing a home as 'cute' when the seller means small. It is called puffing. Sellers do it all... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: We are thinking about selling our home.

If we list our home with a realtor, but change our minds about moving, can we delist the home without incurring finically consequences from the realtor? Should put that in the listing agreement with the realtor?

Morris Leo Greb
Morris Leo Greb answered on Jul 2, 2021

Any condition that one wishes to include in a listing agreement with a broker must be specifically included in the written agreement. Please note careful that the listing agreement might have a clause that in the event the seller delists the property, the listing agreement remains in effect until... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Is my assoc. responsible for taking care of the cat excrement smell seeping into my house from my neighbor?

I own a townhouse in NJ that sits above a small condo. Over the past few years, I have smelled cat urine in my unit & can only guess that the odor is coming from the hoarder below me with 2 cats. I also believe that my health is being affected-coughing. I called my association and the mgr... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 1, 2021

Yes, the Association should be taking all necessaries to correct the conditions you describe in your query. The first step would be to send the Association a written demand outlining the problems you are experiencing. In the letter, advise the Association that you will be notifying the municipal... Read more »

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